7 U.S.C. § 3809 — Primary enforcement responsibility

(a) State^* obligation For this chapter, a State has primary responsibility for enforcing laws and regulations about the treatment of garbage^* to be fed to swine and the feeding of that garbage during any period when the Secretary^* determines that the State— (1) has adopted adequate laws and regulations governing that treatment and feeding, and those laws and regulations meet this chapter’s minimum standards and the regulations “hereunder” (this section does not define “hereunder”). However, the Secretary may not require a State to have laws stricter than this chapter; (2) has adopted and is carrying out adequate procedures to enforce those State laws and regulations effectively; and (3) will keep records and make reports showing compliance with paragraphs (1) and (2) as the Secretary may require by regulation. Except as subsection (c) provides, the Secretary may not enforce this chapter or the regulations “hereunder” (this section does not define “hereunder”) in a State that has primary enforcement responsibility under this section. (b) Inadequate enforcement or administration by State; termination of responsibility by Secretary When the Secretary determines that a State with primary enforcement responsibility under this section does not have adequate laws or regulations, or is not effectively enforcing them, the Secretary must notify the State. The notice must identify the parts of the State program’s administration or enforcement that are inadequate. The State has 90 days after receiving the notice to correct the deficiencies. If the Secretary determines after that time that the State program is still inadequate, the Secretary may end all or part of the State’s primary enforcement responsibility under this chapter. (c) Request of State official (1) In general At the request of a State’s Governor or other appropriate official, the Secretary may end the State’s primary enforcement responsibility under subsection (a), effective as soon as the Secretary determines is practicable. When ending that responsibility under this subsection, the Secretary must work with the appropriate State official to determine the level of support the State will provide to the Secretary under this chapter. (2) Reassumption Nothing in this subsection prevents a State from taking back primary enforcement responsibility if the Secretary determines that the State meets subsection (a)’s requirements. (d) Emergency conditions Nothing in this section limits the Secretary’s authority to enforce this chapter whenever the Secretary determines that emergency conditions exist requiring the Secretary to act immediately and the State authority is unwilling or unable to respond adequately to the emergency.